maandag 16 september 2013

Victim Directive 2012/29/EU

Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA [COM(2011)275; COD(2011)129; Date of transposition 16/11/2015]

Legal basis = in particular article 82(2) TFEU
To the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension, the European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules. Such rules shall take into account the differences between the legal traditions and systems of the Member States.
They shall concern:
(a) mutual admissibility of evidence between Member States;
(b) the rights of individuals in criminal procedure;
(c) the rights of victims of crime;
(d) any other specific aspects of criminal procedure which the Council has identified in advance by a decision; for the adoption of such a decision, the Council shall act unanimously after obtaining the consent of the European Parliament.
Adoption of the minimum rules referred to in this paragraph shall not prevent Member States from maintaining or introducing a higher level of protection for individuals.

History
[Cion] Monitoring the decision-making process between institutions
[Council] Public Register of Council Documents
[EP] The Legislative Observatory
[NP] Legislative Database

Structure
#Preamble [72 paragraphs]
#General provisions [artt 1-2]
#Provision of information and support [artt 3-9]
#Participation in criminal proceedings [artt 10-17]
#Protection of victims and recognition of victims withs specific protection needs [artt 18-24]
#Other provisions [artt 25-26]
#Final provisions [artt 27-32]

Transposition

Case law
EU Court of Justice
NL Rechtspraak.nl

More Information
EU
EURLEX

DIY
Academia.edu
IngentaConnect
NARCIS
SSRN

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